Nettnøytralitetsforordningen
Tobias Mahler
Førsteamanuensis PhD, UiO 12.1.2016
PREVIOUSLY …
“All” providers gradually become
more and more non-neutral?
1) Equivalent alternative?
2) Bindings / bundling?
3) Customer inertia?
Providers fulfill net neutrality Many providers
pick and choose
Switch provider when needed
The previous
European approach
2011 Slide: adapted from Frode Sørensen, NKOM
Two columns
I. Competition II. Transparency
Market and competition
REGULATION (EU) 2015/2120 LAYING DOWN MEASURES
CONCERNING
OPEN INTERNET ACCESS …
• This Regulation aims to establish common rules to safeguard
• equal and
• non-discriminatory
• treatment of traffic
• in the provision of internet access services and related end-users’ rights.
Aims (recital 1)
Aims (recital 1)
• It aims to
• protect end-users and simultaneously
• to guarantee the continued functioning of the
– internet ecosystem
– as an engine of innovation.
Source: Colls flickr.com
AGENDA
Source: Colls flickr.com
Art. 3 (1)
Open Internet Access
1. End-users shall have the right to
– access and distribute information
• and content, use and provide applications and services, and
– use terminal equipment of their choice,
• irrespective of … [location, origin, destination]
– via their internet access service.
10
Art. 3 (2) Zero-rating?
2. Agreements
– between providers of internet access services and end-users […]
– and any commercial practices conducted by providers of internet access services,
– shall not limit the exercise of the rights of end- users laid down in paragraph 1.
Art. 3 (1)
Open Internet Access
1. End-users shall have the right to
– access and distribute information
• and content, use and provide applications and services, and
– use terminal equipment of their choice,
• irrespective of … [location, origin, destination]
– via their internet access service.
14
Zero-rating to be explained? Art. 4 (b)
Contract
(b) a clear and comprehensible explanation as to how any volume limitation,
speed and other quality of service parameters may in practice have an impact on internet access
services, and in particular on
the use of content, applications and services;
Source: Colls flickr.com
Art. 1 (3)
Providers of internet access services shall treat all traffic equally,
when providing internet access services,
– without discrimination, restriction or interference, and irrespective of the sender and receiver, the
content accessed or distributed, the applications or services used or provided, or the terminal equipment used.
Traffic management Art. 3 (3 (2))
• … shall not prevent
– providers of internet access services from implementing
– reasonable traffic management measures.
Block
Blocking services or
websites on the internet
• making it difficult to access these;
• outright restricting.
Classic example
• Mobile internet operators, blocking voice over internet protocol (VoIP).
manage traffic and minimise congestion,
• degrade (e.g. slow down) certain type of traffic and
• so affect the quality of content,
• such as video streaming provided
• to consumers by a competitor.
Slow down
Traffic management Art. 3 (3 (2))
• Providers of internet access services …
• shall not block, slow down, alter, restrict, interfere with, degrade or discriminate
• between specific content, applications or services, or specific categories thereof,
• except …
Traffic management Art. 3 (3 (2))
• ... except as necessary ... in order to
– comply with Union legislative acts
– preserve integrity and security of the network – prevent/mitigate network congestion ...
Optimised services, Art. 3 (5)
• Providers of electronic communications to the public [incl. content!]
• shall be free to offer services
• other than internet access services …
Equality?
All animals are equal but some animals are more equal than others
– George Orwell, Animal Farm
Optimised services, Art. 3 (5)
• …free to provide…
• services other than internet access services
• which are optimised
– for specific content, applications or services, or a combination thereof, where the
• optimisation is necessary
– in order to meet requirements of the content, applications or services for a specific level of quality.
Optimized services, Art. 3 (5)
• Providers of electronic communications to the public, may offer or facilitate such services
• only if the network capacity is sufficient to provide them in addition to any internet access services provided.
• No
– replacement for internet access services, – detriment to internet access
Source: Colls flickr.com
Aims (recital 1)
• It aims to
• protect end-users and simultaneously
• to guarantee the continued functioning of the internet ecosystem as an engine of innovation.
Source: Colls flickr.com
